A cruise to Southeast Alaska turned into a legal battle for a Montana couple. A mobility scooter mishap on a Ketchikan bus left a 91-year-old man with severe injuries, prompting a lawsuit against the operator, Ketchikan Gateway Borough.
Donald and Patricia Gillingham, residents of Heron, Montana, had been looking forward to exploring Ketchikan after their cruise docked at the city’s port. Given Donald Gillingham’s limited mobility, he rented a motorized scooter before boarding Bus #P20 of the Ketchikan Public Transit System.
After Donald moved to the designated space for seniors and riders with limited mobility, the bus turned left, causing him and his scooter to tip over.
According to a court document filed by the couple last May 8, the incident on September 9, 2023, resulted in serious injuries that they didn’t realize at the time.
Donald was later diagnosed with a punctured lung and three broken ribs. He was admitted to Bartlett Regional Hospital’s Critical Care Unit in Juneau. The legal document also claims that Donald developed atrial fibrillation, found it difficult to focus, and became prone to confusion.
They are now seeking legal redress from the US District Court of Juneau, Alaska, citing negligence and loss of consortium. Though the bus was outfitted with straps for securing mobility devices, the couple allege that the driver should have required Donald to use them.
Donald fell and sustained injuries by failing to establish and enforce that important safety practice.
| The court filing reads, “Defendant Ketchikan Gateway Borough, through its operation of the Ketchikan Public Transit System, owed a duty of care to its passengers, including Mr. Gillingham, to ensure their safe transportation. This duty encompassed the safe transport of mobility devices such as electric scooters.” |
Meanwhile, wife Patricia says the trauma of the accident has negatively affected their marriage.
Choate Law Firm is representing the couple, who claim that Ketchikan’s “breach of duty” has caused them to suffer damages exceeding $100,000.
Cruise passengers often sue cruise lines. Last March, another vacationer filed legal charges after being kicked by a donkey. In October 2023, a guest sued a cruise line when he lost his finger as his balcony door slammed shut.
